Criminal DEFENCE Blog

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Lawyer says victim ‘not credible’

A man who was stabbed and pepper sprayed in the parking lot outside Chinook Centre 18 months ago, was “not credible, not reliable and inconsistent in identification” of his alleged primary assailant and two others, the accused’s lawyer argued on Friday.

David Chow, who represents [the accused] said [the] victim 25, initially identified a man who was ruled by police to not even be a suspect in the Dec. 29, 2005, assault. “After viewing videos a year and a half after he was given some photos by police, he added a fifth person to the fray,” said Chow.

“If (movie director) Steven Spielberg had viewed the video and added a little green man, [the victim] would have said he was present during the altercation as well.” [the accused] is on trial for attempted murder, aggravated assault, two counts of assault with a weapon for pepper spraying [the victim] and acquaintance, and possession of a weapon - [pepper spray - dangerous to the public on Dec. 29, 2005.

[T]he co-accused’s brother, and [another] also each face the latter four charges relating to the incident. Earlier, Crown prosecutor Roy Smith said the victim was able to clearly identify his attackers before his vision was drastically reduced by pepper spray they administered to his face and they were not “strangers.”

Court of Queen’s Bench Justice Rosemary Nation will give her verdict next Friday.